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Seeing and Believing: Mandatory Ultrasound and the Path to a Protected Choice


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Sanger, Carol,Seeing and Believing: Mandatory Ultrasound and the Path to a Protected Choice(December 9, 2008). UCLA Law Review, Vol. 56, pp. 351-408, 2008. Several state legislatures now require that before a woman may consent to an abortion, she must first undergo an ultrasound and be offered the image of her fetus.The justification is that without an ultrasound, her consent will not be fully informed. Such legislation, the latest move in abortion regulation, supposes that a woman who sees the image will be less likely to abort. This Article explores how visual politics has combined with visual technology, and how law has seized upon both in a campaign to encourage women to choose against abortion. While rarely analyzed, the significance of seeing, or what one court has called sensory and contemporaneous observance, in fact appears throughout the law. This Article develops a visuality of law, focusing specially on the treatment of fetal imagery.

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